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  1. #1

    Default DNA Test for Paternity

    my spouse has recently found out through a dna test that he is not the father of his child after 8yrs. he is petitioning the mother and alleged father and we are down to the test between he and the child-if he is the father our lawyer has petitioned for him to reimburse my spouse-this man in response to us was that he is going to counter petition the woman for knowingly keeping him from his child and is asking the court that anything he has to pay my spoise back that she pay him back. my question is does this sound to you like we are about to wrap it up. we are so ready for this to be over. also this woman has responded that my spouse knew before their divorce that this was not his child. which is not true. does this statement prove fraud on her part- i dont see that she could say that he knew without it implicating her. and also doesnt that seal the deal for the other fellow since she made this notorized statement-that she did n fact knowingly keep him from his child. and do you think we would have a future case for actual paternity fraud if my spouse has proven he is not the dad, proves whom the dad is and her statement tells us she knew before their divorce that this was not his kid. thank you so much.

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Paternity Law

    What state's law is involved?

  3. #3

    Default

    Tennessee

  4. #4
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    Sep 2005
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    Default

    What do you mean by "paternity fraud"? What does your lawyer say?

  5. #5

    Default

    fraud is a deception deliberately practiced in order to secure unfair or unlawful gain -in paternity fraud it is telling someone they are the father and then telling the court they are the father to receive child support-when the female is very aware of the fact the man is not the father-in our case she has stated that my spouse was aware prior to the original order going down-to me this says she was aware and perjured herself the 1st time around. our lawyer says it means she had some knowledge prior to the order. to sue for actual paterntity fraud my research says you must prove you are not the dad, prove who the dad is, and prove she knew before the divorce. all of which i belive we have accomplished. so we want to sue her in civil court for fraud seeking mony damages and punitive damages. we want to pursue this after the case we are in right now which is just to stop the support and the actual fathe rto reimburse monies paid. do you think it can be done- i have found a couple of cases in other states that were actually won.

  6. #6
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    Default

    She was aware from the moment of conception? Then why weren't you?

  7. #7

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    now who knows from the moment of conception? what kind of ? is that?

  8. #8
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    Default

    You're the one claiming "fraud". You tell us.

  9. #9
    Join Date
    Feb 2006
    Location
    Buffalo,N.Y.
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    Default

    Why is paternity fraud so difficult for the law to approach? Clearly it is fraud,anyway you look at it. If for one moment, a women had even the slightest doubt of paternity, there is where the whole process begins.

    If the mother knows that she had more than one "relationship" that could have conceived a child, there should be no question of fraud.

  10. #10
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    Default

    Well, you can work to change the law, then.

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